Rental Period

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-27
CLNP Page ID:	1886
Page Categories:	Defective Notice (LTB)
Citation:	Rental Period, CLNP 1886, <6Z>, retrieved on 2024-11-27
Editor:	MKent
Last Updated:	2022/03/09

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Malik v Train, 2021 CanLII 142259 (ON LTB)

3. The N4 notice of termination that the application is based on is not valid. The N4 notice does not set out the correct amount of rent due as required by subsection 59(2) of the Residential Tenancies Act, 2006 (the ‘Act’) as it contains rent owing from periods not identified in the N4. The monthly rental period set out was also incorrect. Since the N4 notice is not valid, there is no jurisdiction to terminate the tenancy.

4. The Landlord indicated a desire to pursue arrears only however after review of the L1 application, I find the amounts claimed in the application did not properly identify rent owing for the time period claimed. Consequently, the Landlord’s application is dismissed.

CEL-07782-10 (Re), 2010 CanLII 65626 (ON LTB)

3. The N4 notice of termination that the application is based on is not valid. The N4 notice does not set out the correct amount of rent due, as required by subsection 59(2) of the Residential Tenancies Act, 2006 (the ‘Act’). The monthly rental period set out was also incorrect. Since the N4 notice is not valid, there is no jurisdiction to terminate the tenancy.

Ha v Williams, 2021 CanLII 72328 (ON LTB)

2. Pursuant to subsection 43 of theResidential Tenancies Act, 2006 (the ‘Act’), a notice of termination must be in a form approved by the Board, and must set out the reasons and details for the termination. The Board’s N4 form requires that the reasons and details include a statement of the rent charged and paid in each month during which arrears arose.

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4. The table completed by the Landlord on page 2 of the N4 notice indicates that the rental period for which rent is owing is February 1, 2020 to June 1, 2020. It further indicates that the rent charged is $4,000.00, the rent paid $654.00, and the rent owing $3,346.00.

5. The problem with the N4 notice is that it is unclear whether the period claimed is for four months (February 1, 2020 to May 31, 2020) or five months (February 1, 2020 to June 30, 2020). The Landlord testified that the rental period is five months and that he made a clerical error by not using June 30, 2020 as the end date. Given the Landlord indicates on the N4 that the rent charged for the rental period is $4,000.00, this would mean that the monthly rent charged is $800.00. This is confusing as the parties agree that the monthly rent is $850.00. The Landlord indicated that he only charged the Tenants $800.00 for the five-month rental period because they did some maintenance work.

Gallinger v (Gauthier), 2021 CanLII 95739 (ON LTB)

5. In this case, the Landlord testified that rent is due on the first of the month. However, the rental periods specified on the N4 Notice of Termination are from the first of the month to the first of the next month. This creates confusion in several ways.

6. First, the incorrect details make it difficult to ascertain how many months of rent are covered by the notice. Second, the incorrect details make it difficult to ascertain when the rent is actually due. Third, the confusion created about when the rent is actually due has the potential to mislead the Tenant about the timing of the payment that must be made in order to vide the N4 Notice of Termination under subsection 59(2) of the Act. In my view, the incorrect details provided by the Landlord in this case would confuse a reasonable person and interfere with their ability to know the case to be met and to decide whether to dispute the allegations. The N4 Notice of Termination is therefore invalid.